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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Guardianship order of grandson,my sons son ,is being

Resolved Question:

Guardianship order of grandson,my sons son ,is being requested in Belfast, Jacks Uncle has a residence order, we would like to know what rights are being given up, and until what age would it end. Your advice would really be appreciated
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about the background please

Customer: replied 9 months ago.
My son Simon was divorced from his Irish wife Caroline, but still on good terms,she went back to Belfast a few years ago when she had breast cancer,and has since died from liver cancer a couple of months ago.We agreed with Cazs wishes for Jack to stay in Belfast with her brother and his family the better option for Jack.Martin is now applying for a guardianship order, we would like to know how this would effect Simons rights and what age it would end. Martin has said this was also Cazs wish.
Expert:  Clare replied 9 months ago.

How old is Jack - and what contact does your son have?

Why does the Uncle not think a Residence Order is enough?

Customer: replied 9 months ago.
Jack is eleven,and we as a family,especially Simon and myself have lots of contact, we write, do FaceTime, we go to Belfast to see him, and he comes over here once a year, he is a great lad.it seems Martin is unable to independently take key decisions in respect of Jack I think his schooling in particular
Customer: replied 9 months ago.
Hello, are we still in touch
Expert:  Clare replied 9 months ago.

We are indeed - my apologies I have been away from the computer.

Are you aware that the site charges more for a phone call?

Have they given any examples of problems with the decision making?

Customer: replied 9 months ago.
Oh can I cancel the phone call then. Sorry I lost you just now. No there has been no problems with decision making, but nothing big has been needed,but we would probably go with any decision they make especially about schools,but seemingly they need Simons permission for even things like school outings,again would be given happily.
Expert:  Clare replied 9 months ago.

That is fine.

For clarity - there IS a Residence Order in place?

Customer: replied 9 months ago.
definitely it was granted prior to Caroline's death and Simon signed a form
Expert:  Clare replied 9 months ago.

If he has a Residence Order he can make any and all decisions that need to be made which is why I am curious to understand the reason for this change.

He certainly does not have to be involved in decisions on Scool trips - although he is entitled to know if the child is going abroad

The only difference the SGO will make is that in future if they and your son disagreed about something they can over rule him, and Order will last until the child

is 18 rather than 16. They can also take the child abroad without getting your son's agreement - or even telling him.

Only your son can decide whether this is ok

Please let me know if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you very much for the information, I appreciate it very much, I will be in touch if we require further help.
Expert:  Clare replied 9 months ago.

You are very welcome.

It is a very difficult decision - it is probably just my lawyers itch that makes me wonder why!

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